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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a partner of the deceased B (Cres, Doz. D, August 14, 1940, see Evidence A, hereinafter referred to as “the deceased”).
On January 27, 1957, the Deceased died of cerebral dysty ( tuberculosis) and luminous infection at the Third Army Military Hospital on January 27, 1957.
B. Upon the amendment of the Ministry of National Defense’s directives (Enforcement, Jun. 10, 1989) (amended by the Army Chief of Staff, which decided to be a simple “sicker” but medically determined that there exists a proximate causal relation with the performance of official duties, the deceased was to be treated as a deceased person on duty. On July 11, 1997, the Army Chief of Staff made a correction of the deceased who was determined as a “sicker” following a retrial. The notice of the above “sicking position” was served on the Plaintiff on August 5, 2013 based on the circumstances where it is difficult to confirm the bereaved family.
C. Accordingly, on August 31, 2013, the Plaintiff became aware of the deceased’s death. On September 9, 2013, the Defendant filed a claim for the payment of the deceased’s death allowance with the Defendant. On the ground that “The deceased died on Jan. 27, 1957, and the family F was reported to the deceased on Jan. 27, 1957 at the time of removal from the military register. As a result of the verification of whether the death certificate was re-issued and the report of the cremation, the deceased died on Jan. 27, 1957, and was confirmed to have been buried in the 3rd Military Hospital of the Army on Jan. 27, 1957, on the ground that the deceased’s claim for the death allowance of the deceased was extinguished by prescription after five years from the date of receipt of the death notice.”
(hereinafter referred to as the "disposition of this case"). (In the absence of dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings and arguments.
2. Whether the instant disposition is lawful
A. The Defendant, at the starting point of counting the Plaintiff’s assertion 1, failed to legally deliver the deceased’s death notice to the bereaved family members.